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A Collection of Newfoundland Wills(T)James Tubrid

Will of James Tubrid
from Newfoundland will books volume 2 pages 425 to 428 probate
year 1861

In re
James Tubrid deceased.

In the name of God Amen I James Tubrid of Saint John’s
in the Island of Newfoundland Gentleman being weak of body but of sound mind
memory and understanding but mindful of my mortality do this fifteenth day
of December in the year of our Lord one thousand eight hundred and fifty seven
make this my last will and testament hereby revoking all other wills by me
at any time or times made. First I give and bequeath to my executor
for ever in trust (who after shall be named) all the rents issues and profits
arising or accruing out of the farms situate and being at Fresh Water and all
the houses premises with the appurtenances situate in Tubrids town the same
being fee simple. And also all the rents issues and profits
arising or accruing out of the dwelling houses and premises situate at Cathedral
place being leasehold to be paid as follows that is to say namely to my daughter Margaret wife
of Thomas
Murphy the sum of fifty pounds current money of the Island aforesaid
per year during the unexpired term of Walter Baines lease
of Cathedral place for her sole use and benefit the same not to be subject
to the debts or control of her present husband or any future husband. I
also give and bequeath to my daughter Bridget Allan wife of Captain
Charles Allan the unexpired
term yet to come in the dwelling house and premises which I now live in free,
also one eight day clock one chest of drawers and a pair of branches now in
my possession, I also request and direct that my executor shall keep the houses
and premises in Cathedral place insured in the sum of four hundred pounds sterling
and also the houses situate in Tubrids Town in the sum of two hundred pounds
sterling in some good and sufficient Insurance Office. I
also request and direct that my said executor or my estate shall pay or cause
to be paid yearly and every year for ever the sum of two pounds currency to
one of the priests belonging to the Church for Masses to be said for me and
the souls of the faithful departed and after all expenses and legacies are
paid I will and direct that the residue or remainder of the rents arising from
all my said premises be yearly paid by my said executor into the Newfoundland
Savings Bank and after the expiration of the leases in Cathedral Place the
balance remaining in said Bank to be equally divided between my two daughters
Margaret and Bridget share and share alike for their own sole use and benefit
and after the expiration of the leasehold premises situate at Cathedral Place
I will and request that the rents issues and profits arising from all the rent
of my property shall be divided equally between my said daughters Margaret and Bridget before named each and every year for ever, the same not being subject
to the debts or control of their husbands in anywise whatsoever-

I also give and bequeath to my daughter Margaret Murphy in trust for James
Murphy my gold watch bed and bedding the same to be received by him
when he shall obtain the age of twenty five years- I
also will and bequeath to my said daughter Margaret after the expiration of
Richard Attwill’s lease all that certain farm and premises
situate at Fresh Water for ever to her own sole use and benefit not subject
to the debts or control of her present or any future husband. I also give and bequeath to my daughter Bridget after the expiration of Martin
Breen’s lease all that certain farm and premises situate at
Fresh Water aforesaid for ever to be for her sole use and benefit and not subject
to the debts or control of her present or future husband. I also give and bequeath to my daughter Bridget one
feather bed that is on the Attic and one bedstead. And all my furniture
and other property whatsoever and wheresoever not hereinbefore enumerated or
mentioned I give and bequeath to my daughter Margaret I also give and bequeath to my said daughter Margaret whatever
amount of money I may die possessed of at the time of my death the same being
in any Bank or Banks here or elsewhere or in my house she paying all my just
debts and funeral expenses And I do hereby nominate constitute
and appoint Martin Carew of Saint John’s aforesaid sole
executor of this my last will and testament. In witness whereof
I have hereunto set my hand and affixed my seal at Saint John’s the day
and year first above written. James Tubrid (LS) Signed sealed published and declared by the said testator as and for his last
will and testament in our presence who at his request in his presence and in
the presence of each other have subscribed our names as witnesses thereto,
William Hogan, Rob. R. Holden.

This is a codicil to the last will and testament of me James Tubrid of St.
John’s in the Island of Newfoundland, Gentleman, which will bears date
the fifteenth day of December in the year of our Lord one thousand eight hundred
and fifty seven. My express wish and desire
is that after my decease the house I now occupy with all the furniture therein
shall be left to my daughter Margaret Murphy- Also the farm that James
Grace and others now occupy during her natural life,
for her sole use and benefit none of which property shall be subject to the
debts or control of her present or any future husband and after the death of
my said daughter Margaret Murphy the said property shall be left to my said
grandson James Murphy for ever. I also give
to my said daughter Margaret Murphy the farm formerly called Thomas
Row’s
to be held on the same terms and conditions as the property before left to
my said daughter Margaret- reserving out
of the last mentioned farm the sum of two pounds currency a year for ever to
be given for Masses for my soul- And I further
give to my said daughter Margaret Murphy the sum of fifty
pounds currency for her sole use and benefit the same not to be subject to
the debts or control of her present or any future husband- And after
my decease I leave and give to my daughter Bridget Allan, wife of Captain
Allan,
the farm now in the occupation of Martin Breen for her sole use and benefit
free from the control of her present or any future husband, and after her decease
the same to be left to her son Thomas Allan for ever- And I further leave and give to my said daughter Bridget
Allan the sum of fifty
pounds currency for her sole use and benefit and free from the control of her
present or any future husband- And I lastly
direct that my said will shall be read and construed in the same manner and
shall have the same operation in all respects with the exception of what is
stated and contained in this my codicil. And
in all other respects I confirm my said will which is hereunto annexed. In witness whereof I the said James
Tubrid have hereunto set my hand this second
day of August in the year of our Lord one thousand eight hundred and sixty
one. James Tubrid. Signed by the said testator as and for a codicil to his will in the presence
of us who in his presence at his request and in the presence of each other
have hereunto subscribed our names as witnesses- William Hogan, Augustus O. Hayward.

Certified correct,D. M. Browning
Registrar

Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation and also no paragraphs. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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